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ARMY | BCMR | CY2002 | 2002076360C070215
Original file (2002076360C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 March 2003
         DOCKET NUMBER: AR2002076360

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Christopher J. Prosser Member
Mr. Kenneth W. Lapin Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: The applicant requests that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show that he was awarded the Army Commendation Medal (ARCOM) and that he completed the Advanced Noncommissioned Officers' Course (ANCOC).

APPLICANT STATES: That he was awarded the ARCOM on 21 May 1990 and that he completed ANCOC in January 1990. He states that both his personal property and official documents were destroyed and requests that the Board provide him a copy of his DD Form 214 with corrections.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant's military records show that he enlisted in the Regular Army on 17 August 1979 and he continuously reenlisted and served until he was honorably separated on 24 April 1990, due to a physical disability-temporary. On 1 August 1991, he was notified that he was being removed from the temporary disability retired list and permanently retired.

Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows that he was awarded the Good Conduct Medal (4th award), the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon with Numeral 2 and the Marksman Badge (Rifle). His DD Form 214 does not show award of the ARCOM.

Item 14 (Military Education) on the applicant's DD Form 214 show that he completed the Primary Leadership Course in 1979 and the duration of the course was 3 weeks. The evidence available does not indicate that he ever attended ANCOC.

Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There is no evidence of record, nor has the applicant provided any to support the he was awarded the ARCOM.

3. Additionally, the available evidence does not support that the applicant ever attended ANCOC or completed the requirements for the course.

4. The staff of the Board has provided the applicant a copy of his DD Form 214.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__lls___ __cjp___ __kwl___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records



INDEX

CASE ID AR2002076360
SUFFIX
RECON
DATE BOARDED 20030320
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19900424
DISCHARGE AUTHORITY AR 635-40
DISCHARGE REASON A31.00
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 144.3100
2.
3.
4.
5.
6.



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